NRS 598C.190 Remedies
of consumer for willful failure of reporting agency to comply with provisions
of chapter.

NRS 598C.200 Remedies
of consumer for negligent failure of reporting agency to comply with provisions
of chapter.

SECURITY FREEZES

NRS 598C.300 Duty
of reporting agency to place security freeze in file of consumer upon request;
procedures; use of personal identification number or password; security freeze
must not be considered adverse factor against consumer.

NRS 598C.310 Duty
of reporting agency to provide written disclosure of rights of consumer
regarding security freeze; form of written disclosure.

NRS 598C.390 Companies
not required to place security freeze in file of consumer.

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GENERAL PROVISIONS

NRS 598C.010Definitions.As
used in this chapter, unless the context otherwise requires, the words and
terms defined in NRS 598C.020 to 598C.105, inclusive, have the meanings ascribed to
them in those sections.

NRS 598C.050“Consumer credit” defined.“Consumer
credit” means credit granted to a natural person to finance the purchase of
goods that directly satisfy human wants or to defray personal or family
expenses.

1. “Consumer report” means any
communication, written or oral, by a reporting agency regarding the payment
history of a particular consumer, including information regarding his or her
credit worthiness, credit standing or credit capacity, which is intended for
present or future use in whole or in part to serve as a factor in determining
the consumer’s eligibility for:

(a) Credit or insurance to be used primarily for
personal, family or household purposes;

(a) A report containing information solely as to
transactions or experiences between the consumer and the person making the
report;

(b) An authorization or approval of a specific
extension of credit directly or indirectly by the issuer of a credit card or
similar device;

(c) A report in which a person who has been
requested by a third party to make a specific extension of credit directly or
indirectly to a consumer conveys his or her decision with respect to the
request, if the third party advises the consumer of the name and address of the
person to whom the request was made and the person makes the disclosures
required pursuant to NRS 598C.170;

(d) A report solely conveying a decision whether
to guarantee a check in response to a request by a third party; or

(e) A report created or issued by or to a person
licensed pursuant to chapter 463 of NRS
relating to any extension of credit by the licensee.

NRS 598C.080“Medical information” defined.“Medical
information” means information or records relating to medical treatment or
condition which is obtained from a licensed provider of health care or medical
facility.

1. “Reporting agency” means a person who,
for fees, dues or on a cooperative nonprofit basis, regularly engages in whole
or in part in the business of assembling or evaluating information regarding
the credit of or other information regarding consumers to furnish consumer
reports to third parties, regardless of the means or facility of commerce used
to prepare or furnish the consumer reports.

2. The term does not include:

(a) A person solely for the reason that he or she
conveys a decision regarding whether to guarantee a check in response to a
request by a third party;

(b) A person who obtains or creates a consumer
report and provides the report or information contained in it to a subsidiary
or affiliate; or

1. Shall include with any written
disclosure to a consumer a summary of his or her rights under this chapter.

2. Shall not include medical information
in its files.

3. Shall include in any consumer report
information concerning a consumer’s delinquency in paying support for a child,
to the extent that this information is provided in a format acceptable to the
reporting agency by the Division of Welfare and Supportive Services of the
Department of Health and Human Services or from the district attorney of the
county in which the consumer resides or resided when the delinquency occurred.

NRS 598C.120Person shall not procure consumer report to resell or disclose
information in report; exception.A
person shall not procure a consumer report to resell or disclose the report or
the information contained in the report unless the person discloses to the
reporting agency which originally furnished the report:

1. The identity of the intended ultimate
user of the report or information; and

1. Clearly and accurately disclose to the
consumer the nature and substance of the consumer report in its files which
relates to him or her at the time of the request, and disclose the names of the
institutional sources of information. If the consumer requests, the reporting
agency shall provide a readable copy of the consumer report.

2. Disclose the name of each person who
has received from the reporting agency information concerning him or her:

(a) Within the preceding 2 years for purposes of
employment, promotion, reassignment or retention as an employee; or

1. A reporting agency may furnish a
consumer report concerning a consumer for an extension of credit which he or
she did not initiate only if:

(a) The contemplated transaction represents a
firm offer of credit to those consumers who meet specific criteria determined
by the person; or

(b) He or she has not requested that his or her
name and address be excluded from any list to be provided for such a purpose.

2. This section does not prohibit a
reporting agency from furnishing information to review an account or collect an
account if there is an existing business relationship or the account has been
assigned to a third party for collection.

3. As used in this section, “firm offer of
credit” means an offer of credit based on a consumer report provided by the
reporting agency, either directly to the creditor or through a third party,
that cannot be rescinded or changed by the creditor unless the information
provided by the reporting agency has materially changed as of the time the
creditor received the accepted offer and the creditor is able to revoke the
accepted offer or renew the offer on different terms.

NRS 598C.150Purging of information from files of reporting agency;
disclosure of purged information.A
reporting agency shall periodically purge from its files and after purging
shall not disclose:

1. Bankruptcies whose dates of
adjudication precede the report by more than 10 years. A report of adjudication
must include, if known, the chapter of Title 11 of the United States Code under
which the case arose.

2. Except as otherwise provided by a
specific statute, any other civil judgment, a report of criminal proceedings,
or other adverse information which precedes the report by more than 7 years.

NRS 598C.160Duties of reporting agency when consumer disputes accuracy of
information in its files.

1. If a consumer disputes the accuracy of
any information in the files of a reporting agency which relates to him or her,
and the reporting agency is made aware of the dispute by him or her, the
reporting agency shall, within 5 business days after becoming aware of the
dispute, notify any institutional sources of the information and, as soon as is
reasonably possible but not later than 30 days, complete a reinvestigation of
the accuracy of the information unless the dispute is determined by the
reporting agency to be frivolous or irrelevant.

2. If the reporting agency concludes that
the dispute is frivolous or irrelevant, it shall so notify the consumer. If it
determines that the information is incorrect or can no longer be verified, it
shall correct its files accordingly and notify the consumer.

3. No information deleted pursuant to this
section may be reinserted unless:

(a) The person furnishing the information uses
reasonable procedures to ensure the maximum possible accuracy of the
information; and

(b) The reporting agency notifies the consumer
within 5 business days after the reinsertion and offers him or her the
opportunity to add to its file his or her own brief statement disputing or
adding to the information.

NRS 598C.170Person who takes adverse action based on consumer report to
provide certain information to consumer.If
a person takes adverse action with respect to a consumer which is based on a
consumer report from a reporting agency, the person shall:

1. Notify the consumer of the action
taken;

2. Furnish him or her with the name and
address of the reporting agency; and

3. Inform him or her of his or her right
to obtain a copy of the consumer report from the agency.

NRS 598C.190Remedies of consumer for willful failure of reporting agency to
comply with provisions of chapter.If
a reporting agency or user of information willfully fails to comply with any
provision of this chapter with respect to any consumer, the reporting agency is
liable to that consumer in an amount equal to the sum of:

1. Any actual damages sustained by the
consumer as a result of the violation;

NRS 598C.200Remedies of consumer for negligent failure of reporting agency
to comply with provisions of chapter.If
a reporting agency or user of information negligently fails to comply with any
provision of this chapter with respect to any consumer, the reporting agency is
liable to that consumer in an amount equal to the sum of:

1. Any actual damages sustained by the
consumer as a result of the violation; and

NRS 598C.300Duty of reporting agency to place security freeze in file of
consumer upon request; procedures; use of personal identification number or
password; security freeze must not be considered adverse factor against
consumer.

1. A consumer may place a security freeze
in his or her file by making a request in writing by certified mail to the
reporting agency. At the time of the request, the consumer must provide to the
reporting agency sufficient identification to establish the identity of the
consumer.

2. A reporting agency shall place a
security freeze in the file of a consumer not later than 5 business days after
the reporting agency receives a request from the consumer to place the security
freeze in his or her file.

3. Not later than 10 business days after
the placement of the security freeze in the file of the consumer, the reporting
agency shall send written confirmation to the consumer of the placement of the
security freeze in his or her file and provide the consumer with:

(a) A unique personal identification number or
password, which is not the social security number of the consumer, to be used
by the consumer to authorize the temporary release of the consumer report
pursuant to NRS 598C.350 or the removal of a security
freeze from the file pursuant to NRS 598C.360;

(b) Information explaining the procedures by
which a consumer may contact the reporting agency to authorize the temporary
release of his or her consumer report pursuant to NRS
598C.350 or the removal of a security freeze from his or her file pursuant
to NRS 598C.360; and

4. A consumer may request in writing a
replacement personal identification number or password. At the time of the
request, the consumer must provide to the reporting agency sufficient
identification to establish the identity of the consumer. Not later than 10
business days after receiving the request, the reporting agency shall provide
the consumer with a new, unique personal identification number or password,
which is not the social security number of the consumer, to be used by the
consumer instead of the number or password that was provided pursuant to
paragraph (a) of subsection 3.

5. Except as otherwise provided in NRS 598C.350, 598C.360
and 598C.370, a reporting agency shall not remove
a security freeze placed in the file of a consumer.

6. The presence of a security freeze in
the file of a consumer must not be considered to be an adverse factor in the
consumer’s credit worthiness, credit standing or credit capacity.

NRS 598C.310Duty of reporting agency to provide written disclosure of rights
of consumer regarding security freeze; form of written disclosure.If a consumer requests that a security freeze
be placed in his or her file, a reporting agency shall provide a written
disclosure of the rights of the consumer. The written disclosure is sufficient
if it is in substantially the following form:

You have a right to place a
security freeze in your file which will prohibit a reporting agency from
releasing any information in your file without your express authorization. A
security freeze must be requested in writing by certified mail. The security
freeze is designed to prevent a reporting agency from releasing your consumer
report without your consent. However, you should be aware that using a security
freeze to take control over who is allowed access to the personal and financial
information in your file may delay, interfere with or prohibit the timely
approval of any subsequent request or application you make regarding a new
loan, credit, mortgage, insurance, government services or payments, rental
housing, employment, investment, license, cellular telephone, utilities,
digital signature, Internet credit card transaction or other services,
including an extension of credit at point of sale. When you place a security
freeze in your file, you will be provided a personal identification number or
password to use if you choose to remove the security freeze from your file or
to authorize the temporary release of your consumer report for a specific
person or period after the security freeze is in place. To provide that
authorization, you must contact the reporting agency and provide all the
following:

1. Sufficient
identification to verify your identity.

2. Your personal
identification number or password provided by the reporting agency.

3. A statement
that you choose to remove the security freeze from your file or that you
authorize the reporting agency to temporarily release your consumer report. If
you authorize the temporary release of your consumer report, you must name the
person who is to receive your consumer report or the period for which your
consumer report must be available.

A reporting agency must
remove the security freeze from your file or authorize the temporary release of
your consumer report not later than 3 business days after receiving the above
information.

A security freeze does not
apply to certain persons, including a person, or collection agencies acting on
behalf of a person, with whom you have an existing account that requests
information in your consumer report for the purposes of reviewing or collecting
the account.

1. Except as otherwise provided in this
section, a reporting agency may charge a consumer a fee, not to exceed $10, to
place, remove or temporarily release a security freeze on his or her file.

2. A reporting agency may not charge a
consumer the fee set forth in subsection 1 to place a security freeze in his or
her file, to temporarily release his or her consumer report for a specific
period or to a specific person, or to remove a security freeze from his or her
file if:

(a) The consumer is 65 years of age or older; or

(b) The consumer is a victim of identity theft
and the consumer submits, at the time the security freeze is requested, a valid
copy of a police report, investigative report or complaint which the consumer
has filed with a law enforcement agency regarding the unlawful use of the
personal information of the consumer by another person.

3. On January 1 of each year, a reporting
agency may increase the fees set forth in subsection 1 based proportionally on
changes to the Consumer Price Index of All Urban Consumers, as determined by
the United States Department of Labor, with fractional changes rounded to the
nearest 25 cents.

NRS 598C.330Duty of reporting agency to provide notice of changes made to
consumer file; exceptions.

1. After a security freeze has been placed
in the file of a consumer, a reporting agency shall not make any changes to the
file of the consumer relating to:

(a) The name of the consumer;

(b) The date of birth of the consumer;

(c) The social security number of the consumer;
or

(d) The address of the consumer,

Ê unless the
reporting agency sends written confirmation of the change to the consumer not
later than 30 calendar days after the change is posted to the file of the
consumer.

2. If the reporting agency changes the
address of the consumer, the reporting agency must send written confirmation of
the change of address to both the new address and the former address of the
consumer.

3. The provisions of this section do not
require a reporting agency to send written confirmation to a consumer
concerning technical corrections made by the reporting agency to information in
the file of the consumer, including, without limitation, technical corrections
involving the abbreviation of a name or street, the transposition of numbers or
letters, or the misspelling of a word.

NRS 598C.340Reporting agency prohibited from providing consumer report when
security freeze in effect; third party may deem credit application incomplete
under certain circumstances.

1. Except as otherwise provided in NRS 598C.350 to 598C.380,
inclusive, if a security freeze has been placed in the file of a consumer, a
reporting agency shall not provide a consumer report of that consumer to any
person.

2. If, in connection with an application
for credit or any other use, a third party requests access to a consumer report
on which a security freeze is in effect and the consumer does not allow his or
her consumer report to be accessed for that specific third party or period of
time, the third party may treat the application as incomplete.

NRS 598C.350Temporary release of consumer report upon request of consumer.

1. To authorize the temporary release of a
consumer report after a security freeze has been placed in the file of the
consumer, the consumer must contact the reporting agency and request that his
or her consumer report be temporarily released to a specific person or for a
specific period. At the time of the request, the consumer must provide to the
reporting agency:

(a) Sufficient identification to establish the
identity of the consumer;

(b) The personal identification number or
password provided by the reporting agency pursuant to paragraph (a) of
subsection 3 of NRS 598C.300; and

(c) Information regarding the specific person or
the specific period for which the consumer report must be temporarily released.

2. A reporting agency that receives a
request from a consumer pursuant to subsection 1 shall, not later than 3
business days after receiving the request, temporarily release the consumer
report to the specific person or for the specific period requested by the
consumer.

3. A reporting agency shall develop
procedures for a consumer to contact the reporting agency to authorize the
temporary release of his or her consumer report pursuant to subsection 1. These
procedures may include, without limitation, the use of the telephone, facsimile
machine, the Internet or other electronic media by a consumer to authorize the
temporary release of his or her consumer report in an expedited manner.

1. To authorize the removal of a security
freeze that has been placed in the file of a consumer, the consumer must
contact the reporting agency and request that the security freeze be removed.
At the time of the request, the consumer must provide to the reporting agency:

(a) Sufficient identification to establish the
identity of the consumer; and

(b) The personal identification number or
password provided by the reporting agency pursuant to paragraph (a) of
subsection 3 of NRS 598C.300.

2. A reporting agency that receives a
request from a consumer pursuant to subsection 1 shall, not later than 3
business days after receiving the request:

(a) Remove the security freeze from the file of
the consumer; and

(b) Send written notice to the consumer that the
security freeze has been removed from the file of the consumer.

3. A reporting agency shall develop
procedures for a consumer to contact the reporting agency to authorize the
removal of a security freeze pursuant to subsection 1. These procedures may
include, without limitation, the use of a telephone, a facsimile machine, the
Internet or other electronic media by a consumer to authorize the removal of a
security freeze in an expedited manner.

1. A reporting agency may remove a
security freeze from the file of a consumer if the reporting agency has a
reasonable belief that:

(a) The security freeze was placed in the file of
the consumer because of a material misrepresentation of fact by the consumer;
or

(b) The consumer placed the security freeze in
his or her file for the purposes of:

(1) Committing fraud;

(2) Committing any other act prohibited by
law; or

(3) Aiding and abetting any act prohibited
by law.

2. If a reporting agency intends to remove
a security freeze from the file of a consumer pursuant to subsection 1, the
reporting agency shall send written notice to the consumer before removing the
security freeze.

NRS 598C.380Release of consumer report by reporting agency to authorized
persons.Notwithstanding that a
security freeze has been placed in the file of a consumer, a reporting agency
may release the consumer report of the consumer to:

1. A person with whom the consumer has an
existing business relationship, or the subsidiary, affiliate or agent of that person,
for any purpose relating to that business relationship.

2. A licensed collection agency to which
an account of the consumer has been assigned for the purposes of collection.

3. A person with whom the consumer has an
account or contract or to whom the consumer has issued a negotiable instrument,
or the subsidiary, affiliate, agent, assignee or prospective assignee of that
person, for purposes relating to that account, contract or negotiable
instrument.

4. A person seeking to use information in the
file of the consumer for the purposes of prescreening pursuant to the Fair
Credit Reporting Act, 15 U.S.C. §§ 1681 et seq.

5. A subsidiary, affiliate, agent,
assignee or prospective assignee of a person to whom access has been granted
pursuant to NRS 598C.350 for the purposes of
facilitating the extension of credit.

6. A person seeking to provide the
consumer with a copy of the consumer report or the credit score of the consumer
upon the request of the consumer.

7. A person administering a credit file
monitoring subscription service to which the consumer has subscribed.

8. A person requesting the consumer report
pursuant to a court order, warrant or subpoena.

9. A federal, state or local governmental
entity, agency or instrumentality that is acting within the scope of its
authority, including, without limitation, an agency which is seeking to collect
child support payments pursuant to Part D of Title IV of the Social Security Act,
42 U.S.C. §§ 651 et seq.

10. A
person holding a license issued by the Nevada Gaming Commission pursuant to
title 41 of NRS, or the subsidiary, affiliate, agent, assignee or prospective
assignee of that person, for purposes relating to any activities conducted
pursuant to the license.

11. An employer, or the subsidiary,
affiliate, agent, assignee or prospective assignee of that employer, for
purposes of:

(a) Preemployment screenings relating to the
consumer; or

(b) Decisions or investigations relating to the
consumer’s current or former employment with the employer.

NRS 598C.390Companies not required to place security freeze in file of
consumer.The following companies
are not required to place a security freeze in the file of a consumer:

1. A check services or fraud prevention
services company which issues reports on incidents of fraud or authorizations
for the purpose of approving or processing negotiable instruments, electronic
funds transfers or similar methods of payments.

2. A deposit account information service
company which issues reports regarding account closures because of fraud,
substantial overdrafts, abuse of automatic teller machines or similar negative
information regarding a consumer to inquiring banks or other financial
institutions for use only in reviewing a consumer request for a deposit account
at the inquiring bank or financial institution.

3. A reporting agency which acts only as a
reseller of credit information by assembling and merging information contained
in the database of another reporting agency or in the databases of multiple
reporting agencies and which does not maintain a permanent database of consumer
credit information from which new consumer reports are produced. Such a
reporting agency shall honor any security freeze placed on a consumer report by
another reporting agency.